| A number of countries established "special economic zones",since the policy,implemented in such zones,is quite different from general administrative regions,and has greater impact on regional economic,social,cultural and other factors of external environment.Among them,the role of legislative system of special economic zones is the legal guarantee for development of the region,and it cannot be neglected.China is now only40 years away from the establishment of the first special economic zone-the "Export Special Zone" in 1979,and it has made great progress.Meanwhile,the special zones established by Russia have not achieved its' goals in accordance with the national plan.The aim of the present study is to investigate the reason for such difference at the legislation level,promoting the exchange of legal ideas between the two countries,providing with practical significance for the further development of the system of special zones between the two countries.It should be noted,that the concept of "special economic zone" differs according to the country.Current study employs the concept of "special economic zone" of a broader sense as the research objective.Specifically,in Russia,in accordance with “the Law of Special Economic Zones”,there are special economic regions,advanced development zones,free economic zones,and free port zones;whereas in China,there are special economic regions,Economic and Technological Development Zones,national level new zones,special customs supervision zone and free trade zone,as well as special functional zones.Research methods of the present study include review of historical documents and comparative review of the corresponding legislation acts;whilst "legal pragmatism" and "legislative rank" are the main theories employed.The article sets each type of special economic zone in a single country as a unit,through an analysis of a series of legal normative documents and policy documents during the establishment and operation of the two special economic zones.The present study analyzes the legislative model of each type of special economic zone in China and Russia;examines the impact of their legislation on the special economic zone,trying to find the legislative model that has a positive role in the two special economic zones and the parts that are not conducive to the development of the special economic zones,suggesting ideas for the improvement of the legislation.This article is divided into 5 parts in accordance with the following logic "the background of the establishment of the two special economic zones--the theory that influences the legislation of the two special economic zones--the legislation of the Russian and Chinese special economic zones--the comparison between the legislation of the special economic zones in China and Russia".Chapter 1 introduces the background and significance of the study,literature review,research methods,novelties and limitations,the definition of research objects,whereas the main body is structured as follows:Chapter 2 explains the establishment of special economic zones of the two countries in terms of economic and social background.The special economic zones in Russia have gone through three stages: the era of the Russian Empire,the era of the Soviet Union,and the era of the Russian Federation.Due to the changes in the state power and the transformation of the economic development model,the understanding of ‘the special economic zone' concept has also changed significantly,as well as attitudes of previous leaders towards them.In China,Special Economic Zones were forced to emerge on the basis of "poor country,poor nation",starting from the policy of reform and opening,followed by gradual improvement.Through the research on the background of this chapter,the author tries to find out the practical reasons why China and Russia have chosen different legislative models.Chapter 3 elaborates on the three theories influencing the legislative model of special economic zones in the two countries,which are "normativist theory" "legal pragmatism" and "neoclassical economic theory".The two countries have different attitudes towards the three theories,which had an impact on the adoption of different models for the special zones' legislation.This chapter introduces the connotation of these three theories and their role in the legislation of the special economic zones of the two countries.Chapter 4 describes the legislative models of the four types of special economic zones in Russia.It specifically analyzes legislative subject,legislative purpose,legislative basis,legislative model and implementation effects of the special economic zones.Detailed analysis makes it obvious that when it comes to the legislation of special economic zones in Russia,it is the State Duma and the federal government who have the most influence: all special economic zones are established by orders of the federal government;the legislative power of the federal government comes from the federal laws passed by the State Duma;the federal laws and administrative regulations promulgated by the State Duma and the Federal Government are the main sources of legislation in the Special Economic Zone.At the same time,international treaties also have significant impact.Additionally,reasons,such as Russia's lack of attention to the legislative role at the local level and the unclear application of multiple laws,resulted in poor effects of the SEZs.Chapter 5 investigates the legislative model of SEZs in China.This section analyzes one by one the variety of different types of special economic zones established in China since the reformation and opening policy.Although the "strategic positioning" of these special economic zones is not exactly the same,but all of them are part of China's comprehensive course of reform and opening,which played a positive role in spurring economic development of the regions.Regarding legislation model,unlike Russia,China attaches great importance to the role of local legislation and adopts "delegated legislation","trial and error exemption" and other methods,allowing local governments to carry out "trial first" legislation.A great number of special zones do not have a unified basic law at the central level.On one side,this helps each special zone to exert its own geographical advantages and form its own unique attractiveness.But at the same time,it also shows obvious characteristics of "fragmentation" of legislation and lower level legislative features.Chapter 6 is a comparative analysis of the different legislative models of the special economic zones in the two countries.This chapter employs the comparative method to analyze the differences between the legislation of the two countries' special economic zones in terms of legislative model,legislative body,legislative procedures and legislative principles of the two countries in order to identify the reasons for the difference in the development of the special economic zone in the legal system,and further find the factors in the legislation of the two countries that are conducive to the development of the SEZ and the parts of the SEZ legislation that need to be further improved.Finally,the conclusion of the study suggests how the legislation of the two countries' special economic zones can be further improved. |
PDF Full Text Request